JONATHAN TURLEY

The state bar association has criticized has criticized a judge for dismissing sexual assault charges in a gang rape case because she considered the case “theft of services.” Municipal Judge Teresa Carr Deni later explained to a newspaper that “She consented and she didn’t get paid . . [so] I thought it was a robbery.” Dominique Gindraw was accused of arranging to have the victim (who worked for an escort service) to come to his North Philadelphia home and have sex for $150 for sex. She said that he then pulled a gun and she was allegedly raped by Gindraw and three friends. Curiously, the other men were not charged. There are a host of problems with the case. First, the judge appears to have a bizarre understanding of the law of consent and criminal liability. Second, the prosecutors need to explain why the three other men were not charged in an obvious gang rape. One of the reasons that prostitutes are easy prey for crime is that police and prosecutors tend not to pursue the cases with much vigor. While Gindraw and these men deserve a presumption of innocence, clearly the victim was viewed as sufficiently credible to bring the charges against one of the men. If so, why would three-fourths of the attackers be left free of criminal charges? For the full story, click here